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When I did my amended return last year, I actually went to an IRS Taxpayer Assistance Center in person and they helped me with the W2 issue. You need an appointment, but they can review everything before you mail it to make sure it's correct. Saved me a lot of headache.
Do you need to bring anything specific to the appointment? I'm thinking of doing this but not sure what to take with me.
You need to bring your photo ID, social security card or tax ID number, and all relevant tax documents for your situation. In your case, that would mean your original return, the completed 1040-X form you plan to submit, and all supporting documents including your W2 form. It's also helpful to bring any notices you've received from the IRS about the issue you're trying to fix. Make an appointment online or by phone before going - they don't take walk-ins anymore.
Anyone else notice how much more complicated filing taxes has gotten in the last few years? I feel like I used to just be able to e-file everything without all these document attachment issues.
It's because the IRS systems are super outdated. They still process paper returns using technology from the 1960s. That's why there are so many weird rules about how to attach documents.
I'm a little confused about how this works. If the partnership earns income but you can't access it due to a lockup, are you basically paying taxes with your own money on income you haven't received yet? That seems unfair.
Yes, that's exactly what happens and it's called "phantom income." It's one of the downsides of partnership investments. You're taxed on your share of partnership earnings whether or not they distribute that cash to you. Think of it this way: the partnership is not a separate taxpayer - it's a pass-through entity. So when the partnership earns $100, and you own 10%, it's treated as if YOU earned $10 directly, regardless of whether they distribute that $10 to you or keep it in the business. The lockup only affects when you can withdraw your capital, not when income is recognized for tax purposes.
Can someone clarify what happens when you eventually DO get access to the money after the lockup period? Do you get taxed again when you actually receive the cash?
No, you don't get taxed twice. When you eventually receive distributions, they're generally not taxable again (assuming they don't exceed your basis in the partnership). The distribution is basically a return of capital that you've already paid tax on. Your basis in the partnership increases by your share of income (that you've already paid tax on) and decreases by distributions. This accounting mechanism prevents double taxation.
Just want to add something important - make sure you're actually a non-resident for tax purposes before filing the 1040-NR! The substantial presence test can sometimes qualify international students as residents for tax purposes if you've been in the US long enough. Generally, F-1 students are considered non-residents for their first 5 calendar years in the US, but it gets complicated. If 2019 wasn't your first year in the US, you might have correctly filed the 1040. Double check before amending!
Thanks for bringing this up! 2019 was definitely my first year in the US - I arrived in August 2019 for fall semester. I'm certain I should have filed as a non-resident. I just wasn't familiar with US tax laws at all and TurboTax didn't really ask the right questions about my visa status.
Sounds like you're definitely right to amend then! Just wanted to make sure since I've seen people mistakenly amend when they were actually residents for tax purposes. For your first partial year in 2019, the 1040-NR is absolutely the correct form. Good luck with the amendment!
Has anyone successfully received a refund after amending from 1040 to 1040-NR? I'm in a similar situation but from 2021, and wondering if it's worth the hassle if I'm owed money back.
I amended my 2020 return last year and did get a refund! It took about 7 months to process but I eventually got a check for $642. The key was documenting everything very clearly and including all supporting materials.
One option nobody's mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you can prove you'll never reasonably be able to pay it all. My brother owed nearly $18k and got it settled for about $6k. You need to complete Form 656 and there's an application fee, but it could be worth looking into if your financial situation is really dire.
Thanks for bringing this up! Would I qualify for an Offer in Compromise with only $2,400 owed? I always thought that was for people with massive tax debts. My financial situation isn't great, but I do have steady income - just not enough extra to pay this all at once.
There's no minimum amount required for an Offer in Compromise, but with only $2,400 owed, it might not be your best option. The application fee is $205 unless you qualify for low-income certification, and the process can take 6-24 months with no guarantee of acceptance. In your situation with steady income, a long-term payment plan is probably more practical. The IRS will likely approve a 72-month plan with payments around $40-50 per month on your balance. That's much easier to manage and doesn't require the extensive financial documentation an OIC needs.
Whatever you do DO NOT ignore the IRS!!! I made that mistake in 2021 and ended up with a tax lien that destroyed my credit. Plus the penalties and interest nearly doubled my original amount. Call them asap and get on a payment plan you can actually afford even if its small monthly payments. They just want to see your making an effort.
Daniel White
Former IRS employee here. Just to give you some peace of mind: the IRS initiates fewer than 2,000 criminal prosecutions per year, almost exclusively for major tax fraud schemes, money laundering, or deliberately hiding massive amounts of income (we're talking hundreds of thousands or millions). Forgetting a W-2 for $8,500 is what we called a "common error adjustment" - literally happens thousands of times every day. File your 1040-X, pay the difference plus the small penalty and interest, and you'll be absolutely fine. The IRS knows the difference between criminal tax evasion and a stressed-out student making an honest mistake. You're not even on their radar for criminal investigation.
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Gianna Scott
ā¢Thank you so much for this insider perspective! I filed my 1040-X yesterday and included a letter explaining the honest mistake. Knowing this is something that happens all the time and isn't considered criminal makes me feel sooooo much better. I haven't been able to sleep for days thinking about this!
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Daniel White
ā¢You're welcome! This is exactly the right approach - filing the amendment promptly with a brief explanation. The letter is a nice touch that shows good faith. You'll get a notice in a few weeks acknowledging the amendment and telling you what amount is due with the calculated interest. Pay that promptly and the case will be closed. For future reference, always double-check that you have all tax documents before filing. Many employers also provide electronic copies of W-2s that you can download, which helps ensure you don't miss paper copies. Sleep well knowing you're definitely not prison-bound over this!
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Nolan Carter
Quick question - I'm in a similar situation but I already received a letter from the IRS about my missing W-2. Does that change things? Should I still file an amended return or just pay what they're asking for?
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Alfredo Lugo
ā¢If you received a CP2000 notice that correctly identifies the missing income, you can simply respond to that notice rather than filing an amended return. Review the notice carefully to make sure all the information is correct, then follow the instructions to pay the amount due. The IRS has already done the recalculation for you.
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